Does the Lodger have any rights?

[southerner]

A friend of mine needs her lodger to move out of her home, which she owns, and I’m hoping someone can tell me if the lodger has any rights.

The lodger moved in with my friend, 15 years ago when they were dating. For the first 7 years he paid her £200 towards food and bills, but he didn’t pay anything once he stopped working in summer 2010.  The relationship ended last April, at which point he kicked my friend out of the main bedroom with the en-suite and into the spare room. He has continued to live there rent free and without a contract ever since. Six months ago, my friend insisted he gives her £100 per month to cover utility bills and the extra council tax she’s paying because she isn’t the sole occupant.  Again, there is no formal contract for this.

 In November my friend gave the logger 6 months’ notice to leave. She said he had to be out with all his belongings, which have taken over her home, by the end of May. He has a father with space in his home, but he says he doesn’t want to go there. Because he has health issues, he says he wants to wait for the council to find him somewhere to live.

The lodger treats my friend appallingly. He is manipulative, abusive and controlling and it is making her ill. She has now decided she needs him to leave asap for the sake of her mental health, preferably by 6^th April. Is there any reason she can’t legally do this?

[Ethel Street]

Does your friend own the house?

[southerner]

4 minutes ago, Ethel Street said:

Does your friend own the house?

Yes, she owns the house outright - she is mortgage-free

 

[stu007]

Hi

The difficulty you may have is the length of time the individual has been living at the property then you changed it to then being a Lodger with no Formal Agreement in place so the individual may try to claim they are a Tenant and have full Tenants Rights and are not a Lodger.

Have a wee read of this CAG link: 

 

[AndyOrch]

You have the right to stay in your accommodation until either:

• your fixed term agreement has come to an end, or
• you have a periodic agreement and your landlord has given you notice to leave.

• Your landlord doesn't need a possession order from the court to evict you, but they can get one if they choose to. You'll be trespassing if you stay in the accommodation without your landlord's permission either after the fixed term has ended or after the notice period has expired.

  Evicting you peaceably

  As long as your fixed term agreement has come to an end, or you have been given notice to leave on your periodic agreement, your landlord can evict you peaceably. For example, they can change the locks while you are out.

  If your landlord uses, or threatens to use, physical force against you to evict you, they may be committing a criminal offence.

• https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging/what-rights-do-lodgers-have/

[Ethel Street]

Was the 6 months notice to leave given in writing? If so that was a very generous length of notice but as it was done it's probably too late to change it to something shorter.

I have no special knowledge or experience about this but I note the Citizens Advice page says this:

If you have a periodic agreement

If you have a periodic agreement, you have to give the notice period that is set out in your agreement. If the agreement doesn’t say how much notice is required, it will depend on whether you have an excluded tenancy or an excluded licence.

As a lodger, you are likely to have a licence, which means that you must give 'reasonable' notice. There are no set rules about what is reasonable

 

The problem is that there is no written agreement on the basis the lodger is there. But I'd guess most likely a court (if it ever came to that) would say a 'Periodic Agreement'. As it doesn't specify a notice period "reasonable" notice is required. I'd think 6 months is more than "reasonable" and lodger has to go by the end of May. 

But if doesn't go it would need your friend to get a court order.

I suggest she sees Citizens Advice and make sure they agree with what I've said before doing anything else.

 

[southerner]

Thank you for your replies.

Having read through the links and references it would see that, as an excluded lodger with no rental agreement in place, the amount of notice required depends on whether the lodger pays rent weekly or monthly. In this instance, the lodger doesn't pay rent at all, so I will take the weekly period of 28 days notice.

Quote

The difficulty you may have is the length of time the individual has been living at the property then you changed it to then being a Lodger with no Formal Agreement in place so the individual may try to claim they are a Tenant and have full Tenants Rights and are not a Lodger.

Although the individual has been living in the house for a number of years, it was as the partner of the home owner. He has never paid rent. From 2010 till January 2018 he didn't make any financial contribution at all towards bills. Then, in January 2018, he stopped contributing towards food also My friend didn't want him to stay after they split up last April. He's there because he is controlling and manipulative.  My friend is battling with depression and has turned to the bottle to try to cope with his behaviour and to help her to deal with getting him out of her house.  Under these circumstances, would he still be able to claim he's a tenant? 

[Mr.P]

 

In my opinion, he isn't a tenant as he has shared use of the kitchen, bathroom, and possibly other areas of the house. If he had been paying rent, then then perhaps he could claim to be a lodger, but this wouldn't offer much protection.

 

Changing the locks whilst he is out and calling the police if he attempts to break in would be one way of getting him out. Certainly, if he is abusive and controlling, then the police should have been involved sooner.

[stu007]

LodgersHi

Could you clarify the following:

 

1. What year Did they movie into the Property?

2. With above was there a Tenancy Agreement in place?

3. When did they become a Lodger? (was it April 2018 or earlier)

 

Couple of links:

Rent a room in your home

What rights do lodgers have?

 

[southerner]

18 minutes ago, stu007 said:

LodgersHi

Could you clarify the following:

 

1. What year Did they movie into the Property?

2. With above was there a Tenancy Agreement in place?

3. When did they become a Lodger? (was it April 2018 or earlier)

 

Couple of links:

Rent a room in your home

What rights do lodgers have?

1. He moved in 15 years ago, so I guess around 2004. She'd already owned and lived in the house a number of years.

2. No tenancy agreement at any time

3. Their relationship ended in April 2018, so she moved to the spare room and he stayed in the main bedroom. Does that mean that he became a lodger at that point? He had no contract and has paid no rent. He started contributing £100 per month towards bills 6 months ago.

 

I don't know it's significant , but he bought his own bed and some other bits of furniture. He has a koi tank and guinea pigs in hutches in the garden and several fish tanks in the house. 

18 minutes ago, stu007 said:

 

 

[stu007]

Hi

Thanks for clarifying my questions appreciated.

 

Importantly I would air caution on even thinking of changing the locks due to your above post.

 

As they have been living in the property since 2004 even without any agreement in place was paying bills for first 7 yrs then not paying anything, then relationship ended April 2018 until now.

 

I would air caution due to the above as the individual may claim as no agreement in place and the length of time they have lived in the property with full access to the property they are a Tenant and have said Rights and are not a lodger.

 

If this is the case then as mentioned you may have to go down the Eviction process to get them out of the property. (they have been very generous in giving them 6 months notice if this was not in writing then make sure and send it in writing with free proof of posting from the post office, even if living in the same property, keep that paper trail)

[king12345]

Or your friend could report them to the police next time he's abusive and tell him to leave her house.

She's the owner and he's not paying rent and even if he was the police would accompany him out.

This is one of the rare occasions the police do not use the line "civil matter" in case the abusive behaviour turns into murder. 

Edited March 11, 2019 by king12345

[ericsbrother]

in truth he isnt a lodger or a tenant so she can just change the locks when he is at the shops if she wishes but that would be a little mean. Usually a week to a month's notice would suffice. Now putting him on the street will actually make it more likely the council will offer him accommodation and there are alternatives, he could get off his lazy backside and look for somewhere to live. Ultimately where he goes isnt her problem. If he applies for housing at the council all she need to do is tell them that he is not welcome there any more and wasnt a tenant or lodger and has no responsibility to him whatsoever (councils like to try and keep ]people off their books by a bit of cajoling)

[Mr.P]

4 hours ago, ericsbrother said:

in truth he isnt a lodger or a tenant so she can just change the locks when he is at the shops if she wishes but that would be a little mean. Usually a week to a month's notice would suffice.

 

I have been renting a spare room for a year or so now. Had a lodger, that for one reason or another, required the involvement of the police. Her licence to occupy was rescinded there and then, and locks changed the following day. Her belongings were collected a couple of days later by a neutral third party.

 

Whilst I would agree that up to a month's notice would be appropriate in most situations, when faced with abuse or threats, summary notice would be a reasonable response.

[southerner]

Thank you for all your replies. There are certainly some contradictory views there.

 

Things have been complicated by the lodger's father dying on Sunday. My friend has gone to pieces as she feels the lodger will use this as an excuse to emotionally blackmail her into allowing him to stay. My personal feeling is that, out of compassion, she should wait till a week or two after the funeral till she broaches the subject again. Now his father isn't there to object, he can move to his father's house till it's sold.

 

Incidentally, the abuse has all been emotional, not physical, so I don't think the police will be interested.

 

 

[Mr.P]

17 hours ago, southerner said:

Incidentally, the abuse has all been emotional, not physical, so I don't think the police will be interested.

 

Most (all ?) police forces have a specialist domestic abuse team. They recognise that abuse can take many forms: Physical, financial, emotional. Try to get your friend to talk to the D.A. team and find out what sort of assistance they can provide.

[ericsbrother]

may I suggeststop using the term lodger when it isnt appropriate. She should get into that mindset as well. As for not broaching the subject until after the funeral, she should say NOW  that after the funeral you are out as you have somehwere to go. It isnt kicking someone when they are down, he has abused his position for more than a decade and it is time he was told that.